BVA9500864
DOCKET NO. 93-10 102 ) DATE
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On appeal from the decision of the
Department of Veterans Affairs Regional Office in Baltimore,
Maryland
THE ISSUE
1. Entitlement to service connection for a psychiatric
disability, to include post-traumatic stress disorder.
2. Entitlement to service connection for gastritis.
3. Entitlement to service connection for a left eye disability.
REPRESENTATION
Appellant represented by: Paralyzed Veterans of America,
Inc.
ATTORNEY FOR THE BOARD
Robert P. Regan, Counsel
REMAND
The appellant served on active duty from January 1968 to January
1971.
A review of the service medical records reflects that the
appellant was hospitalized from June 14 to June 19, 1969, at the
Walter Reed General Hospital for an acute anxiety reaction. The
hospital report is not on file. The appellant, in his
substantive appeal, indicated that additional medical records are
available from physicians who treated him for his
gastrointestinal problems and problems with his left eye. These
records are not on file. The Board of Veterans' Appeals (Board)
is of the opinion that a contemporaneous and thorough VA
examination would be of assistance in rendering a determination
in this case.
In accordance with the statutory duty to assist the appellant in
the development of evidence pertinent to his claim, the case is
REMANDED for the following actions:
1. The RO should request the National
Personnel Records Center to conduct a search
for any additional service medical records,
to include the hospital records regarding
the appellant's hospitalization at the
Walter Reed General Hospital from June 14 to
June 19, 1969. The National Personnel
Records Center should also be requested to
furnish a copy of the appellant's personnel
record (201 file).
2. The RO should furnish the appellant the
appropriate release of information forms in
order to obtain copies of all private
medical records pertaining to treatment of
the disabilities in issue since the
appellant's release from active duty, to
include Dr. McPhillips, and from the medical
facility located at 3124 Greenmount Avenue,
where the appellant has apparently received
treatment for his left eye disorder. It is
noted that a release of information form has
been furnished regarding the appellant's
treatment by Dr. Amsel Sheldon. The
appellant should also be requested to
provide detailed information regarding the
stressor or stressors which have resulted in
his reported post-traumatic stress disorder.
3. The RO should obtain any additional VA
medical records from the outpatient
treatment facility referred to as the
Federal Building Outpatient Clinic covering
the period subsequent to August 21, 1992.
4. VA examinations should be conducted by a
psychiatrist and a psychologist in order to
determine the nature and severity of the
appellant's psychiatric illness. The
psychiatrist should obtain a detailed
military history and description of the
stressors which the appellant claims
resulted in a post-traumatic stress
disorder. All testing deemed necessary
should be performed. The psychiatrist
should specifically comment on whether or
not the appellant has post-traumatic stress
disorder. If the diagnoses include
post-traumatic stress disorder, it is
requested that the psychiatric examiner
specify which stressor or stressors were
relied on in making the diagnosis of
post-traumatic stress disorder.
5. If a post-traumatic stress disorder is
diagnosed, the RO should take all
appropriate action to verify the stressor or
stressors on which the diagnosis of
post-traumatic stress disorder was
predicated.
6. VA examinations should be conducted by
an ophthalmologist and a specialist in
gastrointestinal disorders in order to
determine the nature and severity of any
disabilities involving the eye and
gastrointestinal system, respectively. All
testing deemed necessary should be per-
formed. The claims folder should be made
available to the examiners in conjunction
with their examinations.
Thereafter, the case should be reviewed by the RO. This review
should include consideration of entitlement to service connection
for any psychiatric disability diagnosed during the VA
examination. If the benefits sought are not granted, the
appellant and his representative should be furnished a
supplemental statement of the case and an opportunity to respond.
The case should then be returned to the Board for further
appellate consideration.
GARY L. GICK
Member, Board of Veterans' Appeals
The Board of Veterans' Appeals Administrative Procedures
Improvement Act, Pub. L. No. 103-271, § 6, 108 Stat. 740, ___
(1994), permits a proceeding instituted before the Board to be
assigned to an individual member of the Board for a deter-
mination. This proceeding has been assigned to an individual
member of the Board.
Under 38 U.S.C.A. § 7252 (West 1991), only a decision of the
Board of Veterans' Appeals is appealable to the United States
Court of Veterans Appeals. This action has been taken in
accordance with the Veterans' Benefits Improvements Act of 1994,
Pub. L. No. 103-446, § 303, 108 Stat. 4645, ___ (1994), and is in
the nature of a preliminary order and does not constitute a
decision of the Board on the merits of your appeal. 38 C.F.R.
§ 20.1100(b) (1993).